Madras High CourtCRL OP(MD)/22459/2025allowed

Asokan @ Ashokumar v. The Executive Magistrate Cum Tahsildar, Vilavancode Taluk, Kanyakumari,

2025-12-08Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)No.19353 of 2025 Asokan @ Ashokumar ... Petitioner Vs.

1.The Executive Magistrate Cum Tahsildar, Vilavancode Taluk, Kanyakumari District.

2.The State of Tamilnadu, Rep by its Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

(LIR No. 8 of 2025) ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records on the file of the 1st respondent pertinent to his impugned notice in Case No.AA3/MC/47/2025 dated 27.11.2025 and to quash the same as against the petitioner. For Petitioner : Mr.SC.Herold Singh 1/4

For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

Challenging the impugned notice in Case No.AA3/MC/47/2025 dated 27.11.2025 issued by the 1st respondent, this criminal original petition is filed.

2. The learned counsel for the petitioner submitted that the impugned notice has been issued by the 1st respondent without the necessary particulars as mandated under Section 110 of Cr.P.C and hence, the same should necessarily go.

3. The learned Additional Public Prosecutor on instructions submitted that the petitioner is rowdy element and history sheet is also maintained as against him. With the advent of elections, the 1st respondent would have issued such notice. However, since the same is bereft of particulars, the same may be remanded back. 2/4

4. In view of the same, the impugned notice is hereby quashed. However, the 1st respondent is at liberty to take a fresh initiative, in case of necessity which put particulars.

5. With the above directions, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed. 08.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Executive Magistrate Cum Tahsildar, Vilavancode Taluk, Kanyakumari District.

2.The State of Tamilnadu, Rep by its Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

gbg 08.12.2025 4/4